Legal Opinion

United States v. Mid-States Exchange

District Court, D. South Dakota

Decided October 4, 1985No. Civ. 85-4214PublishedCited by 7 opinions

1Opinion of the Court

MEMORANDUM OPINION and ORDER

JOHN B. JONES, District Judge.

Defendants herein have moved under F.R.Crim.Pro. 41(e) for return of property seized by various state and federal law enforcement officials, pursuant to warrant, during the course of a federal investigation into alleged tax evasion. Defendants support their motion with allegations of various violations of the Fourth Amendment proscriptions against unreasonable search and seizure.

Inasmuch as no indictment has, as of yet, been filed against defendants pursuant to this investigation, their motion must be construed as a civil action in…

2Cases cited4 opinions

  1. United States v. LeonSupreme Court of the United States · 1984
  2. United States v. CalandraSupreme Court of the United States · 1974
  3. United States v. Kenneth George MontosCourt of Appeals for the Fifth Circuit · 1970
  4. Tommy Truchinski v. United StatesCourt of Appeals for the Eighth Circuit · 1968

3Cited by7 opinions

  1. United States v. James Leroy MartinsonCourt of Appeals for the Ninth Circuit · 1987
  2. United States v. SteltenCourt of Appeals for the Eighth Circuit · 1989
  3. United States v. Mid-States Exchange, Robert Hawley and Audrey HawleyCourt of Appeals for the Eighth Circuit · 1987
  4. In re Search Warrants for 14 Straight Street, S.W., 439 Ionia, S.W., & 2026 Chicago DriveDistrict Court, W.D. Michigan · 1987
  5. United States v. 1328 North Main StreetDistrict Court, S.D. Ohio · 1986

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